| 1 | 1 | | 1.1 A bill for an act |
|---|
| 2 | 2 | | 1.2 relating to veterans; requiring federal accreditation of veterans benefit services |
|---|
| 3 | 3 | | 1.3 providers; prohibiting veterans benefit services providers from making a guarantee |
|---|
| 4 | 4 | | 1.4 of veterans benefits; providing for remedies under the Prevention of Consumer |
|---|
| 5 | 5 | | 1.5 Fraud Act; providing for civil penalties; amending Minnesota Statutes 2024, section |
|---|
| 6 | 6 | | 1.6 197.6091. |
|---|
| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
|---|
| 8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 197.6091, is amended to read: |
|---|
| 9 | 9 | | 1.9 197.6091 VETERANS BENEFITS SERVICES; DISCLOSURE AND |
|---|
| 10 | 10 | | 1.10ACCREDITATION REQUIREMENTS. |
|---|
| 11 | 11 | | 1.11 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
|---|
| 12 | 12 | | 1.12the meanings given. |
|---|
| 13 | 13 | | 1.13 (b)(1) "Advertising" or "advertisement" means any of the following: |
|---|
| 14 | 14 | | 1.14 (i) any written or printed communication made for the purpose of soliciting business for |
|---|
| 15 | 15 | | 1.15veterans benefits appeal services, including but not limited to a brochure, letter, pamphlet, |
|---|
| 16 | 16 | | 1.16newspaper, telephone listing, periodical, or other writing; |
|---|
| 17 | 17 | | 1.17 (ii) any directory listing caused or permitted by a person and made available by that |
|---|
| 18 | 18 | | 1.18person indicating that veterans benefits appeal services are being offered; or |
|---|
| 19 | 19 | | 1.19 (iii) any radio, television, computer network, or similar airwave or electronic transmission |
|---|
| 20 | 20 | | 1.20that solicits business for or promotes a person offering veterans benefits appeal services. |
|---|
| 21 | 21 | | 1.21 (2) "Advertising" or "advertisement" does not include any of the following: |
|---|
| 22 | 22 | | 1Section 1. |
|---|
| 23 | 23 | | REVISOR BD/MI 25-0384402/13/25 |
|---|
| 24 | 24 | | State of Minnesota |
|---|
| 25 | 25 | | This Document can be made available |
|---|
| 26 | 26 | | in alternative formats upon request |
|---|
| 27 | 27 | | HOUSE OF REPRESENTATIVES |
|---|
| 28 | 28 | | H. F. No. 1855 |
|---|
| 29 | 29 | | NINETY-FOURTH SESSION |
|---|
| 30 | 30 | | Authored by Greenman03/03/2025 |
|---|
| 31 | 31 | | The bill was read for the first time and referred to the Veterans and Military Affairs Division 2.1 (i) any printing or writing used on buildings, uniforms, or badges, where the purpose of |
|---|
| 32 | 32 | | 2.2the writing is for identification; or |
|---|
| 33 | 33 | | 2.3 (ii) any printing or writing in a memorandum or other communication used in the ordinary |
|---|
| 34 | 34 | | 2.4course of business where the sole purpose of the writing is other than soliciting business |
|---|
| 35 | 35 | | 2.5for veterans benefits appeal services. |
|---|
| 36 | 36 | | 2.6 (c) "Veterans benefits appeal services" means services that a veteran might reasonably |
|---|
| 37 | 37 | | 2.7require in order to appeal a denial of federal or state veterans benefits, including but not |
|---|
| 38 | 38 | | 2.8limited to denials of disability, limited income, home loan, insurance, education and training, |
|---|
| 39 | 39 | | 2.9burial and memorial, and dependent and survivor benefits. |
|---|
| 40 | 40 | | 2.10 (d) "Veterans benefits services" means services that a veteran or a family member of a |
|---|
| 41 | 41 | | 2.11veteran might reasonably use in order to obtain federal, state, or county veterans benefits. |
|---|
| 42 | 42 | | 2.12 (e) "Written disclosure statement" means the written disclosure statement developed by |
|---|
| 43 | 43 | | 2.13the commissioner of veterans affairs pursuant to section 196.05, subdivision 1. |
|---|
| 44 | 44 | | 2.14 Subd. 2.Advertising disclosure requirements.A person advertising veterans benefits |
|---|
| 45 | 45 | | 2.15appeal services must conspicuously disclose in the advertisement, in similar type size or |
|---|
| 46 | 46 | | 2.16voice-over, that veterans benefits appeal services are also offered at no cost by county |
|---|
| 47 | 47 | | 2.17veterans service officers under sections 197.603 and 197.604. |
|---|
| 48 | 48 | | 2.18 Subd. 3.Veterans benefits services disclosure requirements.A person who provides |
|---|
| 49 | 49 | | 2.19veterans benefits services in exchange for compensation shall provide a written disclosure |
|---|
| 50 | 50 | | 2.20statement to each client or prospective client. Before a person enters into an agreement to |
|---|
| 51 | 51 | | 2.21provide veterans benefits services or accepts money or any other thing of value for the |
|---|
| 52 | 52 | | 2.22provision of veterans benefits services, the person must obtain the signature of the client |
|---|
| 53 | 53 | | 2.23on a written disclosure statement containing an attestation by the client that the client has |
|---|
| 54 | 54 | | 2.24read and understands the written disclosure statement. |
|---|
| 55 | 55 | | 2.25 Subd. 3a.Federal accreditation and fee agreement required.(a) A person who provides |
|---|
| 56 | 56 | | 2.26veterans benefits services in exchange for compensation must be accredited by the secretary |
|---|
| 57 | 57 | | 2.27of the United States Department of Veterans Affairs under United States Code, title 38, |
|---|
| 58 | 58 | | 2.28chapter 59. |
|---|
| 59 | 59 | | 2.29 (b) A person who refers, in exchange for compensation, a veteran or a family member |
|---|
| 60 | 60 | | 2.30of a veteran to a provider of veterans benefits services must be accredited by the secretary |
|---|
| 61 | 61 | | 2.31of the United States Department of Veterans Affairs under United States Code, title 38, |
|---|
| 62 | 62 | | 2.32chapter 59. |
|---|
| 63 | 63 | | 2Section 1. |
|---|
| 64 | 64 | | REVISOR BD/MI 25-0384402/13/25 3.1 (c) A person subject to an accreditation requirement under paragraph (a) or (b), and who |
|---|
| 65 | 65 | | 3.2provides veterans benefits services may charge a veteran or a family member of a veteran |
|---|
| 66 | 66 | | 3.3a fee or other form of compensation only as provided in Code of Federal Regulations, title |
|---|
| 67 | 67 | | 3.438, section 14.636. Before providing veterans benefits services, a person must provide a |
|---|
| 68 | 68 | | 3.5veteran or a family member of a veteran a written fee agreement that complies with Code |
|---|
| 69 | 69 | | 3.6of Federal Regulations, title 38, section 14.636, paragraph (g). |
|---|
| 70 | 70 | | 3.7 Subd. 3b.Guarantee of benefits prohibited.A person providing veterans benefits |
|---|
| 71 | 71 | | 3.8services in exchange for compensation must not guarantee, either directly or by implication, |
|---|
| 72 | 72 | | 3.9that a veteran or a family member of a veteran is certain to receive specific federal, state, |
|---|
| 73 | 73 | | 3.10or county veterans benefits or any specific level, percentage, or amount of federal, state, or |
|---|
| 74 | 74 | | 3.11county veterans benefits. |
|---|
| 75 | 75 | | 3.12 Subd. 4.Violations; penalties.A person who fails to comply with this section is subject |
|---|
| 76 | 76 | | 3.13to a civil penalty not to exceed $1,000 for each violation. Civil penalties shall be assessed |
|---|
| 77 | 77 | | 3.14by the district court in an action initiated by the attorney general. For the purposes of |
|---|
| 78 | 78 | | 3.15computing the amount of each civil penalty, each day of a continuing violation constitutes |
|---|
| 79 | 79 | | 3.16a separate violation. Additionally, the attorney general may accept a civil penalty as |
|---|
| 80 | 80 | | 3.17determined by the attorney general in settlement of an investigation of a violation of this |
|---|
| 81 | 81 | | 3.18section regardless of whether an action has been filed under this section A violation of this |
|---|
| 82 | 82 | | 3.19section is an unlawful practice under section 325F.69. A person who violates this section |
|---|
| 83 | 83 | | 3.20is subject to the remedies provided in section 325F.70. Any civil penalty recovered shall |
|---|
| 84 | 84 | | 3.21be deposited in the Support Our Troops account established under section 190.19. |
|---|
| 85 | 85 | | 3.22 Subd. 5.Nonapplicability.This section does not apply to the owner or personnel of any |
|---|
| 86 | 86 | | 3.23medium in which an advertisement appears or through which an advertisement is |
|---|
| 87 | 87 | | 3.24disseminated. |
|---|
| 88 | 88 | | 3Section 1. |
|---|
| 89 | 89 | | REVISOR BD/MI 25-0384402/13/25 |
|---|